Law:

Section:

(a) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)-S. 2(4) & Sched., Part I-Transfer of house-Review -Respondent filing CH Form for transfer of portion of property in his possession only-Fact indicative of respondent's view of property being divisible according to respective possession of parties-Property (house) com­prising three storeys and a basement nevertheless Deputy Settlement Commissioner holding property to be indivisible and transferring entire premises to respondent - Neither Deputy Settlement Commissioner inspecting house before declaring it indivisible nor higher settlement authorities addressing themselves to this aspect of question --Settlement Commissioner deciding case on sole basis of priority of respondent's possession but not applying his mind to consider if disputed house could conveniently be divided-Case, in circumstances, liable to be remanded to settlement authority for fresh decision according to law-Supreme Court Rules, 1956, O. V, r. 2-[Review]. Azizur Rahman v. Mst. Habib Bano P L D 1972 S C 52; Lt. -Col. Nawab­zada Muhammad Amir Khan v. Controller of State Duty P L D 1962 S C 335 and Abdul Majid v. Chief Settlement Commissioner P L D 1967 S C 437 ref. (b) Supreme Court Rules, 1956- -- O. V, r. 2 - Review - Penultimate paragraph of under review showing it assumed that Additional Settlement Commissioner in concluding paragraph of his order recorded finding of respondent having participated in earmarking scheme by filing Form E and as such became disqualified for transfer of property in dispute under Settlement Scheme No. I-Additional Settlement Commissioner found to have never recorded any definite finding on such question of fact and filing of Form E specifically denied-Point being missed in under review, , held, proceeded on an erroneous assumption of a material fact-Such defect and overlooking of fact that failure of settlement authorities to apply their mind as to divisibility of house in dispute contravened policy of law, held, defects materially affecting under review-Judgment in question, in circumstances, recall­ed and case remanded to settlement authorities to determine issues involved afresh…

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